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My parents are close to 90 years old and live a six hour drive

from me in Arizona....
My parents are close to 90 years old and live a six hour drive from me in Arizona. I reside in California. My sister and I have been trying to investigate and talk to our parents about the possibility of moving into a facility that would be less stress and risk than living in their home. They have not been interested in this until just now.

One of their neighbors took them to an independent living community and my parents ended up signing an agreement to move in for 90 days. They were talked into moving within a weeks time. They own their own home and have not prepared or packed anything nor have they had a chance to sell the home they own.

Turns out this neighbor is getting a $700 "finder's fee" from the facility for bringing them in.

My parents are not able to get ready to move this quickly. My mom has a bad back and my father is basically blind. They realize they do not want to move to this place and after contacting the facility, was told that NONE of their fees will be returned. In addition to the three months of $2770.00 ($8310.00), they also paid a $2770.00 "community fee" which grants them access to the dining room, games area, library and chapel. This fee on the contract stipulates if the agreement is terminated within 30 days they shall receive a 100% refund of the "community fee". The managers however told them that no fees would be returned.

I am looking for advice on how to go about handling this as they now have no intention of moving to this facility but felt very pressured to "act quickly" so they wouldn't lose their place. Hopefully, they will be able to get at least a portion of their fees returned.

Can this place keep their money and then re-rent it during the same time period?

I have access to the agreement they signed. Thank you in advance.
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Answered in 2 minutes by:
8/16/2013
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,408
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Hello and thank you for your question. I am an Arizona licensed Attorney and it will be pleasure to assist you today.

Can you attach the agreement?
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Customer reply replied 4 years ago

Cannot attach the pdf.


Shelly

I am sorry you are having difficulties attaching the document. Please feel free to email a copy of the document to [email protected] Once the site receives your email they forward the document to me.

You would let them know that you are working with Attorney2 on this question http://www.justanswer.com/real-estate-law/7xwfp-parents-close-90-years-old-live-six-hour-drive.html?tid=13338997&overlock=true


Arizona considers financial exploitation of an elderly person a very serious crime. You may wish to file a complaint with the Arizona Attorney General at https://www.azag.gov/complaints/consumer

 

They need to have all of their money refunded.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,408
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
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Customer reply replied 4 years ago

What would the fee be to write a letter stating this?


 


Shelly

Unfortunately, the terms of service agreement with the site will not allow the attorneys to represent customers of JA. The service allows us to provide general information. I am sorry.


Attorneys generally charge between $200-$500 an hour for their services. You can certainly file the complaint with the Attorney General on behalf of your parents without an attorney. There is no cost to file a complaint.

If you can tell me where your parents are located I can provide information for attorneys in their area to assist you.

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Customer reply replied 4 years ago

They are in Surprise, AZ 85374

This is a link for attorneys in Surprise that handle these types of legal matters.

http://lawyers.findlaw.com/lawyer/firm/Real-Estate-Law/Surprise/Arizona

Once you find an attorney or firm that you may wish to hire you can check their credentials with the State Bar Of Arizona at http://www.azbar.org/findalawyer

You can also ask for a direct referral from the Maricopa County Bar Association.

Maricopa County Lawyer Referral Service http://www.maricopabar.org/

You can cross-reference any attorney or firm using Martindale Hubbell to check their status in the legal community at

http://www.martindale.com/Products_and_Services/Peer_Review_Ratings.aspx

Please feel free to return to this question at anytime with any follow up questions you may have with regard to this matter. Thank you for using JA!

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,408
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Thank you.
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Thank you.
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I wanted to let you know that I received 3 pages of the rental agreement.

It appears that pages are missing.
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Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,408
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Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.

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